Jen Shah‘s legal drama could have a major impact on her husband, University of Utah football coach Sharrieff Shah.
As the Real Housewives of Salt Lake City star pled guilty to fraud in court earlier this month, she agreed to forfeit $6 million and pay a total of $9 million in restitution. And as a new report reveals, if she’s unable to make those payments, Sharrieff could be found liable.
“The forfeiture allows for substituting of assets. So, any assets that she owns can be forfeited to the government to cover that $6.5 million in forfeiture,” former L.A. Deputy District Attorney and legal commentator Emily D. Baker explained to PEOPLE. “That also depends on how much they took when they did the search warrant because they had the right to grab money, property, things like that.”
While the government could already have taken a bit of Jen’s money and property, they do have “some money” from Stuart Smith, her assistant, who she was arrested alongside in March 2021.
“They also said that for some of it, she could be jointly and separately liable with Stuart depending on if there’s restitution. So, it might be a split,” Emily continued of Stuart, who pled guilty last year.
“There’s a funny sentence in the plea deal that they could be jointly and separately liable together, and that would be very interesting, because that would reduce it,” she explained. “But if she can’t pay, there’s not much she can do. It will always be there, and they can garnish any income. If she writes a book, they can garnish that. So, after the forfeiture is done, they can go after any income.”
They could even pursue Jen and Sharrieff’s marital property.
“Things that are separate to him, no, but anything [they share as a married couple, yes] — and that can be his income and stuff like that,” she revealed. “Most things are going to be considered marital property, so yes. This is their debt. It’s in her name, but he’s not going to be able to have marital property that’s not a potential to be attached for this restitution.”
Even if the couple was to divorce, Emily said it “wouldn’t matter… because this is now accumulated during the marriage.”
Following Jen’s guilty plea, her attorney, Priya Chaudhry, shared a statement.
“Ms. Shah is a good woman who crossed a line. She accepts full responsibility for her actions and deeply apologizes to all who have been harmed,” the message read. “Ms. Shah is also sorry for disappointing her husband, children, family, friends, and supporters. Jen pled guilty because she wants to pay her debt to society and put this ordeal behind her and her family.”
Jen and Sharrieff have been married since 1994 and share sons, Sharrieff Jr., and Omar.
At her sentencing hearing on November 28, Jen will face up to 30 years behind bars and will not appeal a ruling for a prison term fewer than 14 years.